EUROPEAN COMMISSION
Brussels, 27.1.2017
C(2017) 563 final
Mr Arun Dohle
Viktoriastr. 46
D-52066 Aachen
Germany
DECISION OF THE SECRETARY GENERAL ON BEHALF OF THE COMMISSION PURSUANT
TO ARTICLE 4 OF THE IMPLEMENTING RULES TO REGULATION (EC) N° 1049/20011
Subject:
Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 - GESTDEM 2016/6547
Dear Mr Dohle,
I refer to your e-mail of 13 December 2016, registered on 14 December 2016, in which
you submit a confirmatory application in accordance with Article 7(2) of Regulation
(EC) No 1049/2001 regarding public access to European Parliament, Council and
Commission documents2 ('Regulation 1049/2001').
1.
SCOPE OF YOUR REQUEST
In your initial application of 21 November 2016, addressed to the Directorate-General for
Justice and Consumers (DG JUST), you requested access to 'cancelled contracts Amici
dei Bambini' from 1995 until now, and most specifically you requested access to
documents that state the reason for the cancellation.
In its initial reply of 12 December 2016, DG JUST provided a reply explaining to you
that no documents were identified as none of the cancelled contracts of this organisation
falls within the area of activity of DG JUST.
1
Official Journal L 345 of 29.12.2001, p. 94.
2 Official Journal L 145 of 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
http://ec.europa.eu/dgs/secretariat_general/
E-mail: xxxxxxxxxx@xx.xxxxxx.xx
Through your confirmatory application you request a review of this position. You
indicate that you do not wish that your search to be limited to contracts handled by DG
JUST but to extend to all contracts from several DG's/programs which could have
benefitted 'Amici des Bambini'.
2.
ASSESSMENT AND CONCLUSIONS UNDER REGULATION 1049/2001
When assessing a confirmatory application for access to documents submitted pursuant
to Regulation 1049/2001, the Secretariat-General conducts a fresh review of the reply
given by the Directorate-General concerned at the initial stage.
Following your confirmatory application, the Commission has carried out a renewed,
thorough search of the documents in its possession and falling within the area of activity
of DG JUST. Based on its renewed search, the Commission has not identified any
document which would fall within the scope of your confirmatory application, as none of
the cancelled contracts mentioned by you falls within the area of activity of DG JUST.
As specified in Article 2(3) of Regulation 1049/2001, the right of access as defined in
that Regulation applies only to existing documents held by the institution. Given that no
such document has not been identified, the Commission is not in a position to handle
your request.
However, this assessment is without prejudice of any of the contracts identified as falling
under the responsibility of other Directorates-General than DG JUST.
Based on your request a renewed search for the cancelled contracts was conducted in the
remits of other Directorates-General. The Directorate-General for Neighborhood and
Enlargement Negotiations (DG NEAR) identified several contracts under its
responsibility.
Please be informed that this request will be treated according to Regulation 1049/2001
and a reply will be provided by DG NEAR under Gestdem number 2017/207 in order to
preserve your right to a two-stage review of the new identified documents.
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3.
MEANS OF REDRESS
Finally, I would like to draw your attention to the means of redress that are available
against this decision, that is, judicial proceedings and complaints to the Ombudsman
under the conditions specified respectively in Articles 263 and 228 of the Treaty on the
Functioning of the European Union.
Yours sincerely,
For the Commission
Alexander ITALIANER
Secretary-General
3
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